10 ways spam is like Vuvuzelas

Amir Lev has a great post today detailing the 10 ways that spam is like Vuvuzelas. After reading his reasons (and deleting over 1000 messages from Cutwail), I absolutely agree.

10. It’s continuous and unavoidable
The vuvuzela emits a loud, irritating, continuous noise that’s impossible to avoid — ruining many people’s World Cup experience.
Spam is eyecatching, irritating, continuous noise that’s impossible to avoid — ruining many people’s email experience.
[…] 7. Sociopathic anonymity.
Vuvuzela blowers are basically anonymous and don’t care what other people think about their noise.
Spammers are basically anonymous and don’t care what other people think about their spam.

Go read the whole thing.

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Spam lawsuits: new and old

There’s been a bit of court activity related to spam that others have written about and I feel need a mention. I’ve not yet read the papers fully, but hope to get a chance to fully digest them over the weekend.
First is e360 v. Spamhaus. This is the case that actually prompted me to start this blog and my first blog post analyzed the 7th circuit court ruling sending the case back the lower court to determine actual damages. The lower court ruled this week, lowering the judgment to $27,002 against Spamhaus. The judge ruled that there was actual tortuous interference on the part of Spamhaus. In my naive reading of the law, this strikes me as not only an incorrect ruling, but one that ignores previous court decisions affirming that blocklists are protected under Section 230. Venkat seems to agree with me.

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Who's sharing data

Al has a post asking what people would do if their information was shared after opting out of any sharing.
It’s a tough call and one I think about as I see mail coming to my mailbox to such addresses as laura-sony and laura-quicken and laura-datran. All of these were addresses given to specific companies and where I attempted to opt-out of them sharing my data with other companies. Somewhere along the line, though, the addresses leaked and got into the hands of spammers.
Those addresses are overwhelmed with spams and scams. The frustrating part is there is no way to fix it. Once the addresses are leaked, they’re leaked. They will be receiving spam throughout eternity, even if the companies involved stop selling data or fix their data handling problem.
I don’t know what to do, honestly. If I think it was a one time thing, such as the addresses that started getting spam after the iContact data leak, then I’ll change my address at the vendor and retire the address the spammers have. But with other vendors, I don’t know what happened and I suspect the vendor doesn’t either, and so I can either deal with the spam or hope that I don’t lose real mail from that vendor.
There’s no easy answer. Any time you hand over an email address, or any other form of personal data, you’re trusting in the company, all of their employees and all of their vendors and partners to be honest and competent. This is often not the case.
What do you do?

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There is a persistent belief among some senders that the technical part of sending email is the most important part of delivery. They think that by tweaking things around the edges, like changing their rate limiting and refining bounce handling, their email will magically end up in the inbox.
This is a gross misunderstanding of the reasons for bulk foldering and blocking by the ISPs. Yes, technical behaviour does count and senders will find it harder to deliver mail if they are doing something grossly wrong. In my experience, though, most technical issues are not sufficient to cause major delivery problems.
On the other hand, senders can do everything technically perfect, from rate limiting to bounce handling to handling feedback loops through authentication and offer wording and still have delivery problems. Why? Sending unwanted mail trumps technical perfection. If no one wants the email mail then there will be delivery problems.
Now, I’ve certainly dealt with clients who had some minor engagement issues and the bulk of their delivery problems were technical in nature. Fix the technical problems and make some adjustments to the email and mail gets to the inbox. But with senders who are sending unwanted email the only way to fix delivery problems is to figure out what recipients want and then send mail meeting those needs.
Persistent delivery problems cannot be fixed by tweaking technical settings.

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